Judgment : 1. The Correctness of the order of the Karnataka Administrative Tribunal dated 18th December, 2009 passed in Application No. 4278 of 2008 is questioned in this writ petition urging various legal contentions. There is no need for us to advert to the facts and legal contentions urged in this petition for the reason that Karnataka Administrative Tribunal has extensively referred to the legal contentions and answered the same by recording valid and cogent reasons. Learned Counsel for the petitioner Mr. D.S. Joshi places his strong reliance upon Rule 215(4) of the Karnataka Civil Services Rules and contends that penal licence fee that is being determined by the respondent 3 cannot be deducted out of the pension payable to the petitioner. This question has been extensively dealt with by the Karnataka Administrative Tribunal after extracting the relevant rules and also referring to the decision of the Supreme Court in Union of India and Another v Wing Commander, R.R. Higorani (Retd. AIR 1987 SC 808 : (1987) 1 SCC 551 : 1987 – II – LLJ – 3 (SC)) and also referring to the Pension Act, 1871 and came to the conclusion that unless consent is given by the petitioner-pensioner, the amount payable to the respondent towards the penal licence fee for overstay in the quarters of the respondent cannot be deducted from the monthly pension. Karnataka Administrative Tribunal also referred to the decision of the Supreme Court in Deokinandan Prasad v State of Bihar and Others AIR 1971 SC 1409 : 1971 – I – LLJ – 557 (SC), wherein the Apex Court made observation that pension is not a bounty payable on the sweet will and pleasure of the Government and on the other hand, the right to pension is a valuable right vested in a Government servant. Taking into consideration of the definition of ‘pension in Rules 8(33) of the Karnataka Civil Services Rules, Karnataka Administrative Tribunal came to the right conclusion that dearness allowance on pension does not fall under the definition of ‘pension’ and therefore Rule 215(4) of the Karnataka Civil Services Rules does not bar recovery of penal licence fee from dearness allowance on due to the Government servant. The reasons assigned by the learned members of the Karnataka Appellate Tribunal are legal and valid and do not call for interface in this writ petition. 2. The reasons assigned by the learned members of the Karnataka Appellate Tribunal are legal and valid and do not call for interface in this writ petition. 2. Petition is devoid of merits and the same is dismissed.